Terms & Conditions
These General Terms and Conditions of Use (“Terms”) are entered into by and between you and SpectraSpray. In consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally bound, you and SpectraSpray hereby agree as follows: BY USING THIS SITE, YOU AGREE TO THESE TERMS. If you do not want to be bound by these Terms, do not use the site. These Terms and the information provided in SpectraSpray in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within SpectraSpray contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
These Terms are effective until terminated by SpectraSpray. You agree to comply with all applicable laws, statutes, ordinancesand regulations regarding your use of SpectraSpray and your purchase of the items on SpectraSpray.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on SpectraSpray site as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. SpectraSpray may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Spectra in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Spectra or by third parties that have licensed their use to SpectraSpray. You may view and use the Content only for your personal information and for shopping and ordering on SpectraSpray notices. Except as provided in the foregoing, SpectraSpray does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through SpectraSpray, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by SpectraSpray, is strictly prohibited.
All prices displayed on SpectraSpray are quoted in U.S. dollars. SpectraSpray may restrict delivery to addresses within the United States and worldwide. SpectraSpray will add applicable sales/use tax. SpectraSpray reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on SpectraSpray without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on SpectraSpray do not imply endorsement of that product or service, or constitute a warranty by SpectraSpray. The receipt by you of an order confirmation does not constitute acceptance of an order. Prior to SpectraSpray acceptance of an order, verification of information may be required. SpectraSpray reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from SpectraSpray for any reason. SpectraSpray reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SpectraSpray shall promptly issue a credit to your credit card account in the amount of the incorrect price.
5. Disclaimers and Limitation of Liability as to this Site and ContentSpectraSpray
MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF
THAT CONTENT, INFORMATION AND MATERIALS. SPECTRASPRAY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF SPECTRASPRAY OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT SPECTRASPRAY OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF SPECTRASPRAY.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL SPECTRASPRAY, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE SPECTRASPRAY OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SPECTRASPRAY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.Disclaimer and Limitation of Liability as to Products and Services
If for any reason you are not entirely pleased with a product you purchased from SpectraSpray, simply return the unopened item within 14 days of receipt for a refund of the SpectraSpray purchase price (minus shipping and 10% handling) or within 30 days for a credit. If opened and partially used, you will receive 75% of your purchase price less shipping. Refunds will be issued in the same method as the order was paid.
UNDER NO CIRCUMSTANCES SHALL SPECTRASPRAY, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON SpectraSpray, EVEN IF SPECTRASPRAY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPECTRASPRAY LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless SpectraSpray, SpectraSpray vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of SpectraSpray. The foregoing indemnification obligation shall survive termination of these Terms and SpectraSpray and any product or service provided to you arising out of or relating to your use of SpectraSpray,